QHAWE WANTS HIS SEIZED PROPERTIES, E3.5M BACK

MBABANE – Channel S boss Qhawe Mamba wants his millions and other properties that were seized by the State back.

Some of the properties which Mamba is demanding that they be  released back to him include over E3.5 million cash, which is held in different bank accounts which were frozen, 18 cars, mobile studio, four transmitters and two pieces of land situated in the Lubombo Region. These items were taken in connection with the Channel S Club case. He has since taken government and the banks where his monies are held to court. The Channel S boss wants the court to compel government and the banks to return all items that were seized from him on the basis of a court order that was issued on May 28, 2010, following his subsequent acquittal and discharge on some of the charges he was facing. Respondents in the matter are PriceWaterHouse Coopers Advisory Service, Director of Public Prosecutions(DPP), The Central Bank of Swaziland, Nedbank Swaziland (PTY) Limited, First National Bank (FNB), Standard Bank Swaziland and the National Commissioner of Police. On May 28, 2010, High Court Judge Bheki Maphalala (as he was then) interdicted and restrained the respondents from disposing, alienating and or dealing in whatsoever manner with the properties belonging to Mamba and his companies.

PriceWaterhouseCoopers Advisory Service was further appointed and directed to act as trustee by collecting rentals and maintenance of Mamba’s properties. In his application filed by his attorney Leo Ndvuna Dlamini from Nkosi Attorneys in Manzini, Mamba argued that he was the lawful owner of the properties. Other applicants in the matter are Ultimate Production (PTY) Limited, trading as Channel S and Jouz (PTY) Limited. In his founding affidavit, Mamba stated that the court had jurisdiction to hear his matter by virtue of the fact that it arose with its jurisdiction. Giving a brief background of the matter, the Channel S boss mentioned that on May 28, 2010, before Justice Maphalala, a court order was obtained against him, wherein his property was seized and disposed under the custody of the respondents. He alleged that according to the court order, the properties were seized and disposed, pending finalisation of his case. He pointed out that this was done in terms of Section Three of the Serious Offences (Confiscation of Proceeds) Act 2001. According to the applicant (Mamba) this order was obtained following the criminal trial. He went on to inform the court that following the criminal trial, he was then acquitted and discharged in count one, two, three, four and five in the case of the King Vs Qhawe Mamba and others. “It is verily submitted that all exhibits in the court order stated were confiscated and we never returned to me after I was acquitted and discharged,” submitted Mamba.

He averred that as a lawful owner, he was entitled to the return of these exhibits in terms of Section 52 of the Criminal Procedure and Evidence (CP&E) Act 1938, as amended in terms of Section three of Confiscation of Proceeds Act 2001. Section 52 of the CP&E provides that: “If at the conclusion of a summary trial or if the Director of Public Prosecutions declines to prosecute, the magistrate shall, in respect of the property or thing seized, make one of the following orders: that the property or thing be restored to the person from whom it was seized if that person satisfies the magistrate that he is lawful owner of the property or thing or that he is lawfully in possession of the property or thing. In the application which is still pending, Mamba averred that he was the lawful owner of the properties and the money, and they should be release back to him. Some of the items Mamba wants released back to him are all equipment and/or housed in motor vehicle Mercedes Benz SD 180 PG, Model 2000 and description, bus which among others include the following: on air computers, vision mixer and cameras, the totality of which, is commonly known as mobile studio.
The four transmitters which the Channel S boss wants back are situated at Ntondozi area next to Swaziland Electricity Company, Hlathikhulu, Bhambham Mountain, Siteki and one that was once situated at Kelly area, Mbabane then moved to Emvakwelitje.

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